John Moloney (Laois-Offaly, Fianna Fail)

The unauthorised removal and retention of organs of deceased patients was an issue of great public concern when it came to light. The grief and suffering of the families concerned is deeply regretted.

It has been established that the post mortem examinations were carried out according to best professional and international practice and that no intentional disrespect was shown to deceased children or their families. However, it is clear that communication between hospital staff, parents and next-of-kin was poor. People were not told that, in line with standard medical practice, organs might be retained at a post mortem.

The aim now is to ensure the health service response at the time of loss treats the deceased and their loved ones with dignity and respect. As the Senator is aware, the Government appointed Dr. Deirdre Madden, a distinguished expert on medical law, to report on key issues in post mortem practices and procedures.

Dr. Madden's report recommended that legislation should be introduced to ensure no post mortem examination would be carried out and no tissue or organ retained from a post mortem examination for any purpose without appropriate authorisation by, for example, the individual, the parents or the next-of-kin. For paediatric post mortems, Dr Madden recommended that "an independent audit must be carried out of currently retained organs in all hospitals in the State".

On foot of this, the Health Service Executive commissioned Ms Michaela Willis to undertake an independent audit. Ms Willis was a founder member and Chairperson of the British National Committee Relating to Organ Retention and was also a member of the British Human Tissue Authority. Ms Willis also served as a member of the Royal College of Pathologists working group on organ and tissue retention at post mortem examination in Britain and has extensive knowledge and experience dealing with bereaved families over the past decade.

The Minister understands that field work for Ms Willis's independent audit, which included site visits to all of the hospitals that carry out post mortem examinations in the State, has been completed. These data are being compiled and a report based on the audit is currently being finalised by the author. When this report of the independent audit is completed, the Health Service Executive will make preparations for its publication. This process will be completed later this year.

On Dr. Madden's recommendations for legislation in this area, the Department of Health and Children is currently holding a public consultation on draft proposals for human tissue legislation. These draft proposals provide for regulation of the removal, retention, storage, use and disposal of human tissue from deceased persons, and the use of donated tissue from living persons for the purposes of transplantation and research.

The types of activities covered by the draft proposals include hospital post mortem examinations and the use of organs and tissues for transplantation, research, anatomy and education. The public consultation, which was launched on 9 April, is open until 29 May. The proposals have been sent to interested parties, including parents' organisations and medical bodies, for their consideration. This information is also available on the Department's website. As the Minister said at the time of the launch, it is important that these activities take place under a clear legal framework that protects the living and the deceased and respects the autonomy of the individual and the rights of the bereaved. The report will be concluded and published by the end of the year.